Wrongful Termination Q & A (Part 1)

A: In California, protected classes include, without limitation:

• age (if over 40);

• ancestry, race, color, ethnicity, genetic information or national origin;

• sex;

• sexual orientation, gender identity or gender expression;

• pregnancy, breastfeeding, childbirth or related medical conditions;

• physical disability, mental disability or medical condition;

• association with a person with a physical or mental disability;

• veteran or military status;

• marital status;

• religion, creed or religious practices; and

• political affiliation.

A: In California, protected activities include, without limitation:

• reporting unlawful practices or practices that you reasonably believe to be

unlawful;

• reporting a workplace injury and/or filing a workers’ compensation claim;

• filing a complaint with the Occupational Safety and Health Administration (OSHA);

• making a workplace health or safety complaint, including reporting patient safety

concerns in facilities that provide health care;

• reporting Labor Code violations, such as failing to pay all wages owed, failing to

pay overtime wages properly, or failing to provide meal or rest breaks; and

• association with a person with a physical or mental disability;

A: Not necessarily. In California, your inclusion in a protected class or engagement in a protected activity needs to be found to be a substantial motivating factor in your employer’s decision to terminate your employment.

A. Employees who successfully prove that their termination is wrongful may, among other things, seek damages for their wrongful termination in a civil lawsuit against their employer, including, without limitation:

• back pay for damages they may have lost due to the wrongful termination;

• front pay for damages they may expect to lose due to the wrongful termination;

• damages for emotional distress suffered or that will be suffered due to the

wrongful termination; and

• where it can be shown by clear and convincing evidence that the conduct

underlying the termination was performed with malice, oppression, or reckless

disregard for the health and safety of others, including the employee, punitive

damages may be awarded in an amount to punish and deter the employer from

performing such acts again.